Roberts v A1 Scaffold Group Pty Ltd

In the matter of *Roberts v A1 Scaffold Group Pty Ltd*, the applicant, Mr. Roberts, sought to set aside an adjudication decision made under the *Building and Construction Industry Security of Payment Act 2002* (Vic) (the Act). The respondent, A1 Scaffold Group Pty Ltd, had obtained an adjudication determination in its favour, which Mr. Roberts sought to challenge. The application was heard by Judge Nicholls in the County Court of Victoria.

The central legal issue before the court was whether the adjudicator had exceeded their jurisdiction by determining the application for adjudication when the respondent had failed to provide the required payment claim within the statutory timeframe. Specifically, the court had to consider whether the adjudicator's determination was void for jurisdictional error due to this alleged non-compliance with the Act.

Judge Nicholls reasoned that the *Building and Construction Industry Security of Payment Act 2002* (Vic) establishes a statutory regime for the prompt payment of construction work. A critical element of this regime is the requirement for a claimant to serve a payment claim within the prescribed timeframes. The court found that the respondent had not served its payment claim within the time permitted by the Act. Consequently, the adjudicator lacked the statutory authority to proceed with the adjudication. The court held that the adjudicator's decision was therefore void for jurisdictional error.

The court ordered that the adjudication decision of the respondent be set aside.